80 FR 51167 - Air Plan Approval; North Carolina; Conflict of Interest Infrastructure Requirements
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 163 (August 24, 2015)
Federal Register Volume 80, Issue 163 (August 24, 2015)
| Page Range | 51167-51170 | |
| FR Document | 2015-20747 |
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)] [Proposed Rules] [Pages 51167-51170] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20747] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0440; FRL-9932-88-Region 4] Air Plan Approval; North Carolina; Conflict of Interest Infrastructure Requirements AGENCY: Environmental Protection Agency. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the North Carolina State Implementation Plan (SIP), submitted by the North Carolina Department of Environment and Natural Resources, Division of Air Quality (DAQ), on February 5, 2013, and supplemented on July 27, 2015. The submissions pertain to conflict of interest requirements of the Clean Air Act (CAA or Act) and were submitted to satisfy the infrastructure SIP sub-element related to the State board for the 2010 Nitrogen Dioxide (NO2 ) National Ambient Air Quality Standards (NAAQS), 2010 Sulfur Dioxide (SO2 ) NAAQS, 2008 8-hour Ozone NAAQS and 2008 Lead NAAQS. The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, commonly referred to as an ``infrastructure'' SIP, which includes conflict of interest requirements. EPA is proposing to approve the portions of North Carolina's 2010 NO2 infrastructure SIP, 2010 SO2 infrastructure SIP, 2008 8-hour ozone infrastructure SIP, and 2008 Lead infrastructure SIP as meeting these State board requirements. EPA is also proposing to convert conditional approvals related to the State board for the 1997 8-hour ozone NAAQS, and the 1997 Annual Fine Particulate Matter (PM2.5 ) and 2006 24-hour PM2.5 NAAQS to full approval under the CAA. EPA notes that all other applicable North Carolina infrastructure SIP elements for the above listed NAAQS have been or will be addressed in separate rulemakings. DATES: Written comments must be received on or before September 23, 2015. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2015-0440, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: [email protected]. 3. Fax: 404-562-9019. 4. Mail: ``EPA-R04-OAR-2015-0440'' Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. 5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR- 2015-0440''. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov or email, information that you consider to be CBI or otherwise protected. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of [[Page 51168]] encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information may not be publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can be reached via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background By statute, SIPs meeting the requirements of sections 110(a)(1) and (2) of the CAA are to be submitted by states within three years after promulgation of a new or revised NAAQS. Sections 110(a)(1) and (2) require states to address basic SIP requirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance of the NAAQS. More specifically, section 110(a)(1) provides the procedural and timing requirements for SIPs. Section 110(a)(2) lists specific elements that states must meet for ``infrastructure'' SIP requirements related to a newly established or revised NAAQS. As mentioned above, these requirements include SIP infrastructure elements such as modeling, monitoring, and emissions inventories that are designed to assure attainment and maintenance of the NAAQS. EPA is proposing to approve: (1) North Carolina's February 5, 2013, and July 27, 2015, submissions as satisfying the requirements of 128 of the CAA; and (2) the infrastructure SIP sub-element for section 110(a)(2)(E)(ii) related to the State board for the 2010 NO2 NAAQS, 2010 SO2 NAAQS, 2008 8-hour Ozone NAAQS and 2008 Lead NAAQS.\1\ --------------------------------------------------------------------------- \1\ Sub-element 110(a)(2)(E)(ii) was previously submitted by North Carolina DAQ to EPA to satisfy the state board requirements for the referenced NAAQS. EPA is proposing through today's rulemaking that the February 5, 2013, and July 27, 2015, final submissions in conjunction with the previously submissions for the 2010 NO2 NAAQS (August 23, 2013), 2010 SO2 NAAQS (March 18, 2014), 2008 8-hour Ozone NAAQS (November 2, 2012), and 2008 Lead NAAQS (July 20, 2012) satisfy the state board requirements for this sub-element. --------------------------------------------------------------------------- Additionally, North Carolina's February 5, 2013, and July 27, 2015, submissions satisfy EPA's multiple conditional approvals of sub-element 110(a)(2)(E)(ii) published on February 6, 2012 (77 FR 5703), and October 16, 2012 (77 FR 63234), for the 1997 8-hour ozone NAAQS, and 1997 annual and 2006 24-hour PM2.5 NAAQS, respectively.\2\ As a result of today's proposed action related to the State's submissions meeting section 128 of the CAA, EPA is proposing to convert the aforementioned conditional approvals to full approvals regarding North Carolina's infrastructure requirements for section 110(a)(2)(E)(ii) for the 1997 8-hour ozone NAAQS, and 1997 annual and 2006 24-hour PM2.5 NAAQS. --------------------------------------------------------------------------- \2\ Sub-element 110(a)(2)(E)(ii) was previously submitted by North Carolina DAQ to EPA to satisfy the state board requirements for the referenced NAAQS. EPA is proposing through today's rulemaking that the February 5, 2013, and July 27, 2015, final submissions in conjunction with the previous conditional approvals for the 1997 8-hour ozone NAAQS and 1997 annual and 2006 24-hour PM2.5 NAAQS satisfy the state board requirements for this sub-element. --------------------------------------------------------------------------- II. Requirements of Section 110(a)(2)(E)(ii)--Adequate Resources Sub-element 110(a)(2)(E)(ii) provides that each State ``comply with the requirements respecting State boards under section [128 of the CAA] . . . .'' Section 128 provides that each SIP shall contain requirements that: (1) Any board or body which approves permits or enforcement orders under the CAA shall have at least a majority of members who represent the public interest and do not derive a significant portion of their income from persons subject to permits or enforcement orders under the Act (hereafter ``section 128(a)(1) requirements''); and, (2) any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed (hereafter ``section 128(a)(2) requirements.''). III. Requirements of Section 128 Section 128 of the CAA requires that each state's SIP contain provisions to address conflicts of interest for state boards or bodies that oversee CAA permits and enforcement orders and disclosure of conflict of interest requirements. Specifically, CAA section 128(a)(1) necessitates that each SIP require that at least a majority of any board or body which approves permits or enforcement orders represent the public interest and meet income restrictions. Subsection 128(a)(2) requires that the members of any board or body, or the head of an executive agency with similar power to approve permits or enforcement orders under the CAA, shall also be subject to conflict of interest disclosure requirements. Furthermore, section 128 affords the Administrator of EPA the authority to incorporate conflict of interest provisions that go beyond those required by the CAA into the SIP when such provisions are submitted by a state as part of its implementation plan. IV. What is EPA's analysis of how North Carolina addressed the section 110(a)(2)(E)(ii) infrastructure requirement? For purposes of section 128(a)(1), as of October 1, 2012, North Carolina has no boards or bodies with authority over air pollution permits or enforcement actions. The authority to approve CAA permits or enforcement orders are instead delegated to the Secretary of the Department of Environment and Natural Resources (DENR) and his/her delegatee. As such, a ``board or body'' is not responsible for approving permits or enforcement orders in North Carolina, and the requirements of section 128(a)(1) are not applicable. For purposes of section 128(a)(2), EPA is proposing to approve North Carolina's revisions submitted by DAQ, on February 5, 2013, and amended on July 27, 2015. Section 128(a)(2) requires that any potential conflicts of interest by members of a board or body that approves permits or enforcement orders under the CAA, or head of executive agency with similar powers, be adequately disclosed. Subsection 128(a)(2) applies to all states, regardless of whether the state has a multi-member board or body that approves permits or enforcement orders under the CAA. In instances where the head of an executive agency delegates his or her power to approve permits or enforcement orders, or where the [[Page 51169]] statutory authority to approve permits or enforcement orders is nominally vested in another state official, the requirement to adequately disclose potential conflicts of interest still applies. As noted above, the Secretary of DENR and his/her delegatees have the authority to issue CAA permits and enforcement orders in North Carolina and are subject to conflict of interest disclosure procedures. Under these procedures, such individuals are required to file a certification disclosing sources of income and relationships that constitute a potential conflict of interest each year, which are subject to public inspection. If circumstances change such that the certification is no longer complete or accurate, they are required to promptly file a new certification. In addition, disclosure of potential conflicts of interest are required for each final decision, which may merit recusal from the particular matter. If recusal is determined not to be necessary, the disclosure of potential conflict of interest is made part of the public record. North Carolina's revision would incorporate these conflict of interest disclosure procedures and a certification form into its SIP to address section 128(a)(2) requirements. On October 1, 2012, North Carolina's enacted state law that involved changes to how contested DENR cases are handled. Previously these matters where heard on appeal by an Administrative Law Judge (ALJ) in the State's Office of Administrative Hearings (Administrative Procedures Act-type review). The ALJ would render a decision that would then go before the State's Environmental Management Commission (EMC) for a final agency decision. Under the new state law, the EMC's role is eliminated and instead the ALJ decision constitutes the final agency action which could then be appealed by either party to state superior court. The Director of the Office of Administrative Hearings appoints an ALJ to preside over contested matters such as appeals of CAA permits and enforcement orders. The Office of Administrative Hearings is an executive agency with quasi-judicial functions. In 1978, following the adoption of the section 128 provisions, EPA published a guidance to the states providing suggested definitions that the Agency viewed as representing the ``minimum level of stringency necessary to meet the requirements of section 128.'' The guidance defined ``Board or body'' as including instrumentalities ``authorized to approve permits or enforcement orders under the CAA, in the first instance or on appeal.'' Because section 128(a)(2) applies to boards or bodies, or the heads of executive agencies with similar powers, EPA interprets the inclusion of appeals within the definition of board or bodies in the 1978 guidance as likewise applying to appeals of matters handled initially by the head of an executive agency. Further, as stated above, if the statutory scheme vests final approval authority for CAA permits and orders with a state official other than the head of an executive agency, EPA interprets section 128(a)(2) as applying to that state official as well because they are functionally equivalent. North Carolina's July 27, 2015, supplement addresses the section 128(a)(2) conflict of interest disclosure requirements for ALJs through Chapter 7A section 754 of the North Carolina General Statues, which contains provisions related to the Office of Administrative Hearings addressing these requirements for the ALJ. Specifically, North Carolina is requesting that the following paragraph of 7A-754 stating ``The Chief Administrative Law Judge and the administrative law judges shall comply with the Model Code of Judicial Conduct for State Administrative Law Judges, as adopted by the National Conference of Administrative Law Judges, Judicial Division, American Bar Association, (revised August 1998), as amended from time to time, except that the provisions of this section shall control as to the private practice of law in lieu of Canon 4G, and G.S. 126-13 shall control as to political activity in lieu of Canon 5.'' be adopted into the SIP. The Model Code of Judicial Conduct for State Administrative Law Judges, as adopted by the National Conference of Administrative Law Judges, Judicial Division, American Bar Association, (revised August 1998), requires ALJs to act impartially, which broadly includes financial considerations, relationships, and other associations. ALJs are prohibited from participating in any matter in which the ALJs impartiality might reasonably be questioned or the ALJ must disclose the potential conflict of interest on the record in the proceeding. In the case of such disclosures, the parties to the matter must agree that the disclosed conflict of interest is immaterial before the ALJ may continue to participate in the matter. EPA has determined that the provision of Chapter 7A section 754 of the North Carolina General Statutes submitted for incorporation in the SIP provides for adequate disclosure of potential conflicts of interest for any ALJ that will make final decisions on CAA permits and enforcement orders. Therefore, EPA is proposing to approve the North Carolina SIP revision related to section 128(a)(2). EPA is also proposing to approve the portions of North Carolina's 2010 NO2 infrastructure SIP (submitted on August 23, 2013), 2010 SO2 infrastructure SIP (submitted on March 18, 2014), 2008 8-hour ozone infrastructure SIP (submitted on November 2, 2012), and 2008 Lead infrastructure SIP (submitted on July 20, 2012) related to 110(a)(2)(E)(ii). Additionally, as mentioned above, EPA conditionally approved North Carolina's infrastructure submissions for the 1997 8-hour ozone NAAQS, 1997 annual PM2.5 NAAQS and the 2006 24-hour PM2.5 NAAQS as they related to 110(a)(2)(E)(ii) because provisions related to CAA 128 were not included in North Carolina's SIP. As a result of EPA's proposed approval of North Carolina's February 5, 2013, and July 27, 2015, submittals, EPA is also proposing to convert EPA's previous conditional approval of North Carolina's infrastructure submissions for the 1997 8-hour ozone NAAQS, 1997 annual PM2.5 NAAQS and the 2006 24-hour PM2.5 NAAQS as they relate to 110(a)(2)(E)(ii) to full approval. V. Proposed Action As described above, EPA is proposing to approve North Carolina's February 5, 2013, and July 27, 2015, submissions concerning conflict of interest requirements related to CAA section 128(a)(2). Specifically, today, EPA is proposing to approve North Carolina's 110(a)(2)(E)(ii) submission as it relates to the Secretary of the DENR and his/her delegatee that approve permit or enforcement orders described at section 110(a)(2) of the CAA. EPA is also proposing to approve North Carolina's July 27, 2015, 110(a)(2)(E)(ii) submission as it relates to appealed matters decided by ALJs. Additionally, EPA is proposing to approve the portions of North Carolina's 2010 NO2 infrastructure SIP, 2010 SO2 infrastructure SIP, 2008 8-hour ozone infrastructure SIP, and 2008 Lead infrastructure SIP related to 110(a)(2)(E)(ii). EPA is also proposing to convert previous conditional approvals for North Carolina's infrastructure submissions for the 1997 8-hour ozone NAAQS, 1997 annual and 2006 24-hour PM2.5 NAAQS addressing CAA section 110(a)(2)(E)(ii) requirements to approval. [[Page 51170]] VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: August 12, 2015. Heather McTeer Toney, Regional Administrator, Region 4. [FR Doc. 2015-20747 Filed 8-21-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Proposed Rules 51167
• Is not a significant regulatory action Dated: August 12, 2015. ADDRESSES: Submit your comments,
subject to review by the Office of Heather McTeer Toney, identified by Docket ID No. EPA–R04–
Management and Budget under Regional Administrator, Region 4. OAR–2015–0440, by one of the
Executive Orders 12866 (58 FR 51735, [FR Doc. 2015–20748 Filed 8–21–15; 8:45 am] following methods:
October 4, 1993) and 13563 (76 FR 3821, BILLING CODE 6560–50–P
1. www.regulations.gov: Follow the
January 21, 2011); on-line instructions for submitting
comments.
• does not impose an information 2. Email: R4-ARMS@epa.gov.
collection burden under the provisions ENVIRONMENTAL PROTECTION
AGENCY 3. Fax: 404–562–9019.
of the Paperwork Reduction Act (44 4. Mail: ‘‘EPA–R04–OAR–2015–0440’’
U.S.C. 3501 et seq.); Air Regulatory Management Section, Air
40 CFR Part 52
• is certified as not having a Planning and Implementation Branch,
significant economic impact on a [EPA–R04–OAR–2015–0440; FRL–9932–88– Air, Pesticides and Toxics Management
substantial number of small entities Region 4] Division, U.S. Environmental Protection
under the Regulatory Flexibility Act (5 Agency, Region 4, 61 Forsyth Street
Air Plan Approval; North Carolina; SW., Atlanta, Georgia 30303–8960.
U.S.C. 601 et seq.); Conflict of Interest Infrastructure 5. Hand Delivery or Courier: Lynorae
• does not contain any unfunded Requirements Benjamin, Chief, Air Regulatory
mandate or significantly or uniquely Management Section, Air Planning and
affect small governments, as described AGENCY: Environmental Protection
Agency. Implementation Branch, Air, Pesticides
in the Unfunded Mandates Reform Act and Toxics Management Division, U.S.
of 1995 (Pub. L. 104–4); ACTION: Proposed rule. Environmental Protection Agency,
• does not have Federalism SUMMARY: The Environmental Protection Region 4, 61 Forsyth Street SW.,
implications as specified in Executive Agency (EPA) is proposing to approve Atlanta, Georgia 30303–8960. Such
Order 13132 (64 FR 43255, August 10, revisions to the North Carolina State deliveries are only accepted during the
1999); Implementation Plan (SIP), submitted Regional Office’s normal hours of
operation. The Regional Office’s official
• is not an economically significant by the North Carolina Department of
Environment and Natural Resources, hours of business are Monday through
regulatory action based on health or Friday, 8:30 a.m. to 4:30 p.m., excluding
safety risks subject to Executive Order Division of Air Quality (DAQ), on
February 5, 2013, and supplemented on Federal holidays.
13045 (62 FR 19885, April 23, 1997); Instructions: Direct your comments to
July 27, 2015. The submissions pertain
• is not a significant regulatory action Docket ID No. ‘‘EPA–R04–OAR–2015–
to conflict of interest requirements of
subject to Executive Order 13211 (66 FR 0440’’. EPA’s policy is that all
the Clean Air Act (CAA or Act) and comments received will be included in
28355, May 22, 2001);
were submitted to satisfy the the public docket without change and
• is not subject to requirements of infrastructure SIP sub-element related to
Section 12(d) of the National may be made available online at
the State board for the 2010 Nitrogen www.regulations.gov, including any
Technology Transfer and Advancement Dioxide (NO2) National Ambient Air
Act of 1995 (15 U.S.C. 272 note) because personal information provided, unless
Quality Standards (NAAQS), 2010 the comment includes information
application of those requirements would Sulfur Dioxide (SO2) NAAQS, 2008 8- claimed to be Confidential Business
be inconsistent with the CAA; and hour Ozone NAAQS and 2008 Lead Information (CBI) or other information
• does not provide EPA with the NAAQS. The CAA requires that each whose disclosure is restricted by statute.
discretionary authority to address, as state adopt and submit a SIP for the Do not submit through
appropriate, disproportionate human implementation, maintenance, and www.regulations.gov or email,
health or environmental effects, using enforcement of each NAAQS information that you consider to be CBI
practicable and legally permissible promulgated by EPA, commonly or otherwise protected. The
methods, under Executive Order 12898 referred to as an ‘‘infrastructure’’ SIP, www.regulations.gov Web site is an
(59 FR 7629, February 16, 1994). which includes conflict of interest ‘‘anonymous access’’ system, which
requirements. EPA is proposing to means EPA will not know your identity
In addition, the SIP is not approved approve the portions of North Carolina’s
to apply on any Indian reservation land or contact information unless you
2010 NO2 infrastructure SIP, 2010 SO2 provide it in the body of your comment.
or in any other area where EPA or an infrastructure SIP, 2008 8-hour ozone
Indian tribe has demonstrated that a If you send an email comment directly
infrastructure SIP, and 2008 Lead to EPA without going through
tribe has jurisdiction. In those areas of infrastructure SIP as meeting these State
Indian country, the rule does not have www.regulations.gov, your email
board requirements. EPA is also address will be automatically captured
tribal implications as specified by proposing to convert conditional
Executive Order 13175 (65 FR 67249, and included as part of the comment
approvals related to the State board for that is placed in the public docket and
November 9, 2000), nor will it impose the 1997 8-hour ozone NAAQS, and the
substantial direct costs on tribal made available on the Internet. If you
1997 Annual Fine Particulate Matter submit an electronic comment, EPA
governments or preempt tribal law. (PM2.5) and 2006 24-hour PM2.5 NAAQS recommends that you include your
List of Subjects in 40 CFR Part 52 to full approval under the CAA. EPA name and other contact information in
rmajette on DSK2VPTVN1PROD with PROPOSALS
notes that all other applicable North the body of your comment and with any
Environmental protection, Air Carolina infrastructure SIP elements for disk or CD–ROM you submit. If EPA
pollution control, Incorporation by the above listed NAAQS have been or cannot read your comment due to
reference, Intergovernmental relations, will be addressed in separate technical difficulties and cannot contact
Nitrogen dioxide, Ozone, Reporting and rulemakings. you for clarification, EPA may not be
recordkeeping requirements, Volatile DATES: Written comments must be able to consider your comment.
organic compounds. received on or before September 23, Electronic files should avoid the use of
Authority: 42 U.S.C. 7401 et seq. 2015. special characters, any form of
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![51168 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Proposed Rules
encryption, and be free of any defects or emissions inventories that are designed executive agency with similar powers be
viruses. For additional information to assure attainment and maintenance of adequately disclosed (hereafter ‘‘section
about EPA’s public docket visit the EPA the NAAQS. EPA is proposing to 128(a)(2) requirements.’’).
Docket Center homepage at http:// approve: (1) North Carolina’s February
III. Requirements of Section 128
www.epa.gov/epahome/dockets.htm. 5, 2013, and July 27, 2015, submissions
Docket: All documents in the as satisfying the requirements of 128 of Section 128 of the CAA requires that
electronic docket are listed in the the CAA; and (2) the infrastructure SIP each state’s SIP contain provisions to
www.regulations.gov index. Although sub-element for section 110(a)(2)(E)(ii) address conflicts of interest for state
listed in the index, some information related to the State board for the 2010 boards or bodies that oversee CAA
may not be publicly available, i.e., CBI NO2 NAAQS, 2010 SO2 NAAQS, 2008 permits and enforcement orders and
or other information whose disclosure is 8-hour Ozone NAAQS and 2008 Lead disclosure of conflict of interest
restricted by statute. Certain other NAAQS.1 requirements. Specifically, CAA section
material, such as copyrighted material, Additionally, North Carolina’s 128(a)(1) necessitates that each SIP
is not placed on the Internet and will be February 5, 2013, and July 27, 2015, require that at least a majority of any
publicly available only in hard copy submissions satisfy EPA’s multiple board or body which approves permits
form. Publicly available docket conditional approvals of sub-element or enforcement orders represent the
materials are available either 110(a)(2)(E)(ii) published on February 6, public interest and meet income
electronically in www.regulations.gov or 2012 (77 FR 5703), and October 16, 2012 restrictions. Subsection 128(a)(2)
in hard copy at the Air Regulatory (77 FR 63234), for the 1997 8-hour requires that the members of any board
Management Section, Air Planning and ozone NAAQS, and 1997 annual and or body, or the head of an executive
Implementation Branch, Air, Pesticides 2006 24-hour PM2.5 NAAQS, agency with similar power to approve
and Toxics Management Division, U.S. respectively.2 As a result of today’s permits or enforcement orders under the
Environmental Protection Agency, proposed action related to the State’s CAA, shall also be subject to conflict of
Region 4, 61 Forsyth Street SW., submissions meeting section 128 of the interest disclosure requirements.
Atlanta, Georgia 30303–8960. EPA CAA, EPA is proposing to convert the Furthermore, section 128 affords the
requests that if at all possible, you aforementioned conditional approvals Administrator of EPA the authority to
contact the person listed in the FOR to full approvals regarding North incorporate conflict of interest
FURTHER INFORMATION CONTACT section to Carolina’s infrastructure requirements provisions that go beyond those
schedule your inspection. The Regional for section 110(a)(2)(E)(ii) for the 1997 required by the CAA into the SIP when
Office’s official hours of business are 8-hour ozone NAAQS, and 1997 annual such provisions are submitted by a state
Monday through Friday, 8:30 a.m. to and 2006 24-hour PM2.5 NAAQS. as part of its implementation plan.
4:30 p.m., excluding Federal holidays. II. Requirements of Section IV. What is EPA’s analysis of how
FOR FURTHER INFORMATION CONTACT: 110(a)(2)(E)(ii)—Adequate Resources North Carolina addressed the section
Sean Lakeman, Air Regulatory Sub-element 110(a)(2)(E)(ii) provides 110(a)(2)(E)(ii) infrastructure
Management Section, Air Planning and that each State ‘‘comply with the requirement?
Implementation Branch, Air, Pesticides requirements respecting State boards For purposes of section 128(a)(1), as
and Toxics Management Division, U.S. under section [128 of the CAA] . . . .’’ of October 1, 2012, North Carolina has
Environmental Protection Agency, Section 128 provides that each SIP shall no boards or bodies with authority over
Region 4, 61 Forsyth Street SW., contain requirements that: (1) Any air pollution permits or enforcement
Atlanta, Georgia 30303–8960. The board or body which approves permits actions. The authority to approve CAA
telephone number is (404) 562–9043. or enforcement orders under the CAA permits or enforcement orders are
Mr. Lakeman can be reached via shall have at least a majority of members instead delegated to the Secretary of the
electronic mail at lakeman.sean@ who represent the public interest and do Department of Environment and Natural
epa.gov. not derive a significant portion of their Resources (DENR) and his/her
SUPPLEMENTARY INFORMATION: income from persons subject to permits delegatee. As such, a ‘‘board or body’’ is
or enforcement orders under the Act not responsible for approving permits or
I. Background (hereafter ‘‘section 128(a)(1) enforcement orders in North Carolina,
By statute, SIPs meeting the requirements’’); and, (2) any potential and the requirements of section
requirements of sections 110(a)(1) and conflicts of interest by members of such 128(a)(1) are not applicable.
(2) of the CAA are to be submitted by board or body or the head of an For purposes of section 128(a)(2), EPA
states within three years after is proposing to approve North Carolina’s
promulgation of a new or revised 1 Sub-element 110(a)(2)(E)(ii) was previously revisions submitted by DAQ, on
NAAQS. Sections 110(a)(1) and (2) submitted by North Carolina DAQ to EPA to satisfy February 5, 2013, and amended on July
the state board requirements for the referenced
require states to address basic SIP NAAQS. EPA is proposing through today’s
27, 2015. Section 128(a)(2) requires that
requirements, including emissions rulemaking that the February 5, 2013, and July 27, any potential conflicts of interest by
inventories, monitoring, and modeling 2015, final submissions in conjunction with the members of a board or body that
to assure attainment and maintenance of previously submissions for the 2010 NO2 NAAQS approves permits or enforcement orders
(August 23, 2013), 2010 SO2 NAAQS (March 18,
the NAAQS. 2014), 2008 8-hour Ozone NAAQS (November 2, under the CAA, or head of executive
More specifically, section 110(a)(1) 2012), and 2008 Lead NAAQS (July 20, 2012) satisfy agency with similar powers, be
provides the procedural and timing the state board requirements for this sub-element. adequately disclosed. Subsection
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2 Sub-element 110(a)(2)(E)(ii) was previously
requirements for SIPs. Section 110(a)(2) 128(a)(2) applies to all states, regardless
submitted by North Carolina DAQ to EPA to satisfy
lists specific elements that states must the state board requirements for the referenced
of whether the state has a multi-member
meet for ‘‘infrastructure’’ SIP NAAQS. EPA is proposing through today’s board or body that approves permits or
requirements related to a newly rulemaking that the February 5, 2013, and July 27, enforcement orders under the CAA. In
established or revised NAAQS. As 2015, final submissions in conjunction with the instances where the head of an
previous conditional approvals for the 1997 8-hour
mentioned above, these requirements ozone NAAQS and 1997 annual and 2006 24-hour
executive agency delegates his or her
include SIP infrastructure elements PM2.5 NAAQS satisfy the state board requirements power to approve permits or
such as modeling, monitoring, and for this sub-element. enforcement orders, or where the
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![51170 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Proposed Rules
VI. Statutory and Executive Order 2000), nor will it impose substantial Region 2 Office, 290 Broadway, 25th
Reviews direct costs on tribal governments or Floor, New York, New York 10007–
Under the CAA, the Administrator is preempt tribal law. 1866. Such deliveries are only accepted
required to approve a SIP submission during the Regional Office’s normal
List of Subjects in 40 CFR Part 52
that complies with the provisions of the hours of operation. The Regional
Environmental protection, Air Office’s official hours of business are
Act and applicable Federal regulations.
pollution control, Incorporation by Monday through Friday, 8:30 a.m. to
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
reference, Intergovernmental relations, 4:00 p.m. excluding federal holidays.
Thus, in reviewing SIP submissions,
Nitrogen dioxide, Ozone, Particulate Instructions: Direct your comments to
EPA’s role is to approve state choices,
matter, Reporting and recordkeeping Docket ID No. EPA–R02–OAR–2015–
provided that they meet the criteria of 0509. The EPA’s policy is that all
requirements, Volatile organic
the CAA. Accordingly, this action comments received will be included in
compounds.
merely proposes to approve state law as the public docket without change, and
meeting Federal requirements and does Authority: 42 U.S.C. 7401 et seq.
may be made available online at
not impose additional requirements Dated: August 12, 2015. www.regulations.gov, including any
beyond those imposed by state law. For Heather McTeer Toney, personal information provided, unless
that reason, this action: Regional Administrator, Region 4. the comment includes information
• Is not a significant regulatory action [FR Doc. 2015–20747 Filed 8–21–15; 8:45 am] claimed to be Confidential Business
subject to review by the Office of Information (CBI) or other information
BILLING CODE 6560–50–P
Management and Budget under whose disclosure is restricted by statute.
Executive Orders 12866 (58 FR 51735, Do not submit information that you
October 4, 1993) and 13563 (76 FR 3821, ENVIRONMENTAL PROTECTION consider to be CBI or otherwise
January 21, 2011); AGENCY protected through www.regulations.gov
• does not impose an information or email. The www.regulations.gov Web
collection burden under the provisions 40 CFR Part 62 site is an ‘‘anonymous access’’ system,
of the Paperwork Reduction Act (44 which means the EPA will not know
[EPA–R02–OAR–2015–0509, FRL–9933–01–
U.S.C. 3501 et seq.); your identity or contact information
Region 2]
• is certified as not having a unless you provide it in the body of
significant economic impact on a Approval and Promulgation of State your comment. If you send an email
substantial number of small entities Plans for Designated Facilities; New comment directly to the EPA without
under the Regulatory Flexibility Act (5 York going through www.regulations.gov your
U.S.C. 601 et seq.); email address will be automatically
• does not contain any unfunded AGENCY: Environmental Protection
captured and included as part of the
mandate or significantly or uniquely Agency (EPA). comment that is placed in the public
affect small governments, as described ACTION: Proposed rule. docket and made available on the
in the Unfunded Mandates Reform Act Internet. If you submit an electronic
of 1995 (Pub. L. 104–4); SUMMARY: The Environmental Protection
Agency (EPA) is proposing to withdraw comment, the EPA recommends that
• does not have Federalism you include your name and other
implications as specified in Executive its approval of a provision of the New
York State plan that implements and contact information in the body of your
Order 13132 (64 FR 43255, August 10, comment and with any disk or CD–ROM
1999); enforces the Emission Guidelines for
existing sewage sludge incineration you submit. If the EPA cannot read your
• is not an economically significant comment due to technical difficulties
regulatory action based on health or units. This action would withdraw the
and cannot contact you for clarification,
safety risks subject to Executive Order EPA’s approval of a provision of the
the EPA may not be able to consider
13045 (62 FR 19885, April 23, 1997); State sewage sludge incineration plan
your comment. Electronic files should
• is not a significant regulatory action allowing for affirmative defenses of
avoid the use of special characters, any
subject to Executive Order 13211 (66 FR Clean Air Act violations in the case of
form of encryption, and be free of any
28355, May 22, 2001); malfunctions. No other provision in the
defects or viruses. For additional
• is not subject to requirements of State plan would be affected by this
information about the EPA’s public
Section 12(d) of the National action.
docket visit the EPA Docket Center
Technology Transfer and Advancement DATES: Comments must be received on homepage at http://www.epa.gov/
Act of 1995 (15 U.S.C. 272 note) because or before September 23, 2015. epahome/dockets.htm.
application of those requirements would ADDRESSES: Submit your comments, Docket: All documents in the
be inconsistent with the CAA; and identified by Docket ID Number EPA– electronic docket are listed in the
• does not provide EPA with the R02–OAR–2015–0509 by one of the www.regulations.gov index. Although
discretionary authority to address, as following methods: listed in the index, some information is
appropriate, disproportionate human • www.regulations.gov. Follow the not publicly available, i.e., CBI or other
health or environmental effects, using on-line instructions for submitting information whose disclosure is
practicable and legally permissible comments. restricted by statute. Certain other
methods, under Executive Order 12898 • Email: Ruvo.Richard@epa.gov material, such as copyrighted material,
(59 FR 7629, February 16, 1994). • Mail: EPA–R02–OAR–2015–0509, will be publicly available only in hard
rmajette on DSK2VPTVN1PROD with PROPOSALS
The SIP is not approved to apply on Richard Ruvo, Chief, Air Programs copy form. Publicly available docket
any Indian reservation land or in any Branch, Environmental Protection materials are available at
other area where EPA or an Indian tribe Agency, Region 2 Office, 290 Broadway, www.regulations.gov or at the
has demonstrated that a tribe has 25th Floor, New York, New York Environmental Protection Agency,
jurisdiction. In those areas of Indian 10007–1866. Region 2 Office, Air Programs Branch,
country, the rule does not have tribal • Hand Delivery: Richard Ruvo, 290 Broadway, 25th Floor, New York,
implications as specified by Executive Chief, Air Programs Branch, New York 10007–1866. The EPA
Order 13175 (65 FR 67249, November 9, Environmental Protection Agency, requests, if at all possible, that you
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Document Created: 2015-12-15 10:54:22
Document Modified: 2015-12-15 10:54:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before September 23, 2015. | |
| Contact | Sean Lakeman, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can be reached via electronic mail at [email protected] | |
| FR Citation | 80 FR 51167 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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